Friday, July 27, 2012

No appeal to Court of Appeal under Municipal Conflicts of Interest Act

Amaral v. Kennedy, 2012 ONCA 517 is a useful decision holding there is no appeal to the Court of Appeal under the Municipal Conflicts of Interest Act:
[2] The issue of whether a right of appeal to this court exists from the decision of the Divisional Court is governed by the Municipal Conflicts of Interest Act and not the Courts of Justice Act, R.S.O. 1990, c. C43: s. 15 of the Municipal Conflicts of Interest Act. See also Ruffolo v. Jackson, [2010] O.J. No. 2840, at para. 14.
[3] Section 11(2) of the Municipal Conflicts of Interest Act provides that, on an appeal from any order made under s. 10 of the Municipal Conflicts of Interest Act, "[t]he Divisional Court may give any judgment that ought to have been pronounced, in which case its decision is final (emphasis added)".
[4] Given s. 15, this court's decision in Ruffolo v. Jackson and the clear language of s. 11(2) of the Municipal Conflicts of Interest Act, we conclude that there is no right of appeal to this court from the Divisional Court's decision. The motion for leave to appeal is therefore quashed.